CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

CRITICAL LEGAL THINKING

LAW AND THE POLITICAL

Normopathy Today: Norms Behaving Badly

Normopathy Today: Norms Behaving Badly

It is clear now, one-year into the second coming of Donald Trump, that the normative international order in place since World War II has been breached. Trump recently pronounced that he doesn’t need to follow international law because all that counts is his “own morality.”1 The context was his shakedown of Venezuela to grab its oil. The same day saw him shamelessly lying about the murder by ICE of a woman in Minnesota, even though anyone with the inclination to open their eyes could plainly see the lie in a widely distributed video. Trump’s paean to morality notwithstanding, the norms of individual behaviour associated with the well-tempered enlightenment subject, not to mention the bourgeois subject of capitalism’s erstwhile Protestant ethic with its putative embrace of moderation, have similarly eroded. This was clear as early as Trump’s first run for the White House, when he bragged about being entitled to “grab pussy” at will or even randomly shoot someone on Fifth Avenue with…

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ARTICLES

War, Apparatus, Witness

War, Apparatus, Witness

Jean-Luc Nancy’s Philosophical Chronicles, published in 2004, and originally broadcast over eleven months on France Culture radio with the intention to connect ‘philosophy with several nodes of contemporary life’ (xi). One of these chronicles (‘28 March 2003’) was…

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Imperial Velocities & Counter-Revolution

Imperial Velocities & Counter-Revolution

Just when the state velocities of the Gaddafi regime were outpacing, outmaneuvering, and routing the Libyan insurgency, they were hit hard and slowed down by the much faster and more powerful air velocities of the imperial military machine. The waves of jets taking…

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Return of Revolutions?

Return of Revolutions?

From Iran, Bahrain, Yemen, Jordan, and Syria to the countries of North Africa, such as Tunisia, Egypt, and Libya, the anger, the desire to change the unbearable reality, the mass movement, and the process of reorganization of the political space are all present. What…

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The Russian Revolution, as covered by Sky

The Russian Revolution, as covered by Sky

Sky News -There are fears in London tonight over just who will come to power in the wake of this week’s events in Petrograd. Just days after US President Wilson insisted that the Tsarist regime was ‘stable’, reports from Russia indicate that Tsar Nicolas II has…

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The Resistible Attraction of War

The Resistible Attraction of War

The military intervention in Libya has been met with a chorus of approval in France, resounding from all the parties represented in the Parliament, as was the case for the war in Afghanistan, as well as from various commentators. Everyone says that France has just…

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The Great Libyan Distraction

The Great Libyan Distraction

The entire Libyan conflict of the last month – the civil war in Libya, the U.S.-led military action against Gaddafi – is neither about humanitarian intervention nor about the immediate supply of world oil. It is in fact one big distraction – a deliberate distraction…

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In the light of today’s questions

In the light of today’s questions

We learn from David Cameron that Muammar Gaddafi ‘has lied to the international community,’ Sarkozy, in more poetic vein, suggests a ‘murderous madness’ which must be stopped, and Gaddafi himself, last night (22 March), criticises the commencement of a ‘new Crusader…

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The Speed of Revolutionary Resonance

The Speed of Revolutionary Resonance

The current wave of revolutionary insurrections seems to be the fastest in history. Revolutions always come in waves, but insurgent shockwaves that once expanded across continents over years or months are now making states crumble, one after another, in a matter of…

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KEY CONCEPTS

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SERIES / SYMPOSIA

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OVER A DECADE OF ARCHIVES

On Colonial Universality and other Legal Prerogatives: Reflections on Peter Fitzpatrick’s The Mythology of Modern Law

2017 marked the 25th anniversary of Peter Fitzpatrick’s The Mythology of Modern Law. An eloquent and incisive critique of Occidental law’s pretensions to secular origins, Fitzpatrick’s text remains of prime significance to scholars engaged with the constitutive forces of race, racism, and colonialism in the structure and political, philosophical and psychoanalytic imaginaries of modern law.

Against Agamben: Is a Democratic Biopolitics Possible?

Giorgio Agamben’s recent intervention which characterizes the measures implemented in response to the Covid-19 pandemic as an exercise in the biopolitics of the ‘state of exception’ has sparked an important debate on how to think of biopolitics. The very notion of biopolitics, as it was formulated by Michel Foucault, has been a very important…

Law, Reading, and Power: The ‘S’ Joke, Why You Find it Funny and Why I Don’t (with Reply)

A guy walks into a bakery known for making fancy cakes. He says, “I’d like to have a cake shaped like the letter S.” The baker says he can do it, but the cake will be expensive. The man confirms that price is no object. The baker tells him to come back after three o’clock. When he comes back, the baker unveils a beautiful S cake, but the man is…

Law is a Fugue

Law is, metaphorically speaking, a fugue. This metaphor is intended to compare law with the form, structure, and spirit of fugue, and by doing so to provide yet another way to (partially) reveal the nature of law. The fugue is the highest point of contrapuntal development in Western tonal music. The word “contrapuntal” comes from contrapunctum…

Jacques Derrida: Deconstruction

Key Concept Deconstruction by its very nature defies institutionalization in an authoritative definition. The concept was first outlined by Derrida in Of Grammatology where he explored the interplay between language and the construction of meaning. From this early work, and later works in which he has attempted to explain deconstruction to…

Cupcake Fascism: Gentrification, Infantilisation and Cake

The cupcake is barely a cake. When we think about what “the cake-like” ideal should be, it is something spongy, moist, characterized by excess, collapsing under its own weight of gooey jam, meringue, and cream. It is something sickly and wet that makes your fingers sticky. The cupcake is none of these things; that is, it possesses none of the…

White Feminist Fatigue Syndrome

In her recent piece in Comment is Free, ” How feminism became capitalism’s handmaiden – and how to reclaim it” Nancy Fraser draws on her own work in political theory to argue that feminism at best has been co-opted by neoliberalism and at worst has been a capitalist venture of the neo-liberal project. What appears at first glance to be a…

Decolonizing the Teaching of Human Rights?

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#ACCELERATE MANIFESTO for an Accelerationist Politics

1. At the beginning of the second decade of the Twenty-First Century, global civilization faces a new breed of cataclysm. These coming apocalypses ridicule the norms and organisational structures of the politics which were forged in the birth of the nation-state, the rise of capitalism, and a Twentieth Century of unprecedented wars. 2. Most…

Coughing out the Law: Perversity and Sociality around an Eating Table

It was lunchtime at Sydney’s David Jones, Australia’s up-market department store chain. So I headed down to the ‘food floor’. Whenever I have to shop at DJs I try to make sure I go there around midday, precisely so I can go down to the food floor and order the exceptionally succulent off the bone ham sandwich at the roast carvery section. You…

Palestinian Resistance: The Political, Social and Human Right of Self-Defense

Once again the bombs are falling on the Gaza Strip, a stretch of territory excised from Palestine proper as a result of continuing illegal and illegitimate actions by Israel. In fact, Gaza has become a closed ghetto, first cut off from Palestine in violation of the partition plans and political programs and then turned into a sealed ghetto…

Punk, Law, Resistance … “I have set my affair on nothing”

In 1977 I was sixteen. Everything I have to say about punk is coloured by that fact, because sixteen was precisely the right age to be if punk was going to have a decisive impact on you. Because punk was not about your social class, gender or race, it was about your age, it defined a generation, and I belong to the punk generation. It defined…

Anonymous & the Discourse of Human Rights

In the last months, we have seen the emergence of ‘Anonymous’. In particular, in the days after the widespread attack on Wikileaks (following their publication of leaked US diplomatic memos) they emerged with a fairly credible threat to take down major global internet presences (belonging to both states and corporations). They have continued to…

Power, Violence, Law

Over the last two hundred years, the theory of right, now known as normative jurisprudence, has discovered its vocation in a frantic attempt to legitimise the exercise of power. It carries out this task by declaring that law and power are external to each other ontologically, politically, morally, the two are involved in a zero-sum game. In this…